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Doctrine of Necessity
March 28 , 2026
13 hrs 0 min
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- Surya Kant (Chief Justice of India) recused from hearing petitions challenging the Chief Election Commissioner (CEC) and Other Election Commissioners Act, 2023, due to a possible conflict of interest.
- Recusal means a judge withdraws from a case when there is a real likelihood or reasonable fear of bias, to ensure fair justice.
- It is based on the principle “nemo judex in causa sua” (no one should be a judge in their own case), which is a rule of natural justice.
- The Doctrine of Necessity means a judge may still hear a case even with a conflict if no other competent authority or court is available to decide the matter.
- This doctrine was applied in Supreme Court Advocates-on-Record Association v. Union of India (2015), where judges did not recuse as the issue affected all judges.
- India does not have a codified law or clear statutory rules governing judicial recusal; decisions are based on judges’ own discretion.
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